R v Leary; R v Williams [2024] NSWDC 554

R v Leary; R v Williams [2024] NSWDC 554

Having considered the significant objective seriousness of the offences, the offenders' deprived backgrounds and mental health issues, their early guilty pleas, and all aggravating and mitigating factors, sentences of full-time imprisonment are imposed. Findings of special circumstances are made for both offenders due to mental health problems and the necessity for parole supervision, resulting in a longer than statutory non-parole period.

Parties
Crown: NSW DPP; Offender: Cameron Charles Leary; Offender: Eleyah Williams
Jurisdiction
Australia
Judgment Date
18 September 2024
Procedural Posture
Criminal / Sentence
Outcome
Williams: Convicted and sentenced to an aggregate term of imprisonment of 1 year 8 months with a non-parole period of 13 months. Leary: Convicted and sentenced to a term of imprisonment of 18 months with a non-parole period of 1 year. Special circumstances found for both offenders. Sentences to be served as...
Legal Topics
Use Offensive Weapon With Intent to Intimidate, Assault Occasioning Actual Bodily Harm, Sentencing, Objective Seriousness, Moral Culpability, Special Circumstances
Criminal Law Use Offensive Weapon With Intent to Intimidate Assault Occasioning Actual Bodily Harm Sentencing Objective Seriousness Moral Culpability Special Circumstances

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Parties

NSW DPP

Crown

Cameron Charles Leary

Offender

Eleyah Williams

Offender

Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 What is the appropriate sentence for the offences of use offensive weapon with intent to intimidate and assault occasioning actual bodily harm?
  2. 2 How should the offenders' mental health, history, and remorse impact sentence?
  3. 3 Should a finding of special circumstances be made for either offender?

Ratio Decidendi

Having considered the significant objective seriousness of the offences, the offenders' deprived backgrounds and mental health issues, their early guilty pleas, and all aggravating and mitigating factors, sentences of full-time imprisonment are imposed. Findings of special circumstances are made for both offenders due to mental health problems and the necessity for parole supervision, resulting in a longer than statutory non-parole period.

Court Disposition

Williams: Convicted and sentenced to an aggregate term of imprisonment of 1 year 8 months with a non-parole period of 13 months. Leary: Convicted and sentenced to a term of imprisonment of 18 months with a non-parole period of 1 year. Special circumstances found for both offenders. Sentences to be served as...

Orders

  • Eleyah Williams: Aggregate term of imprisonment of 1 year 8 months with NPP of 13 months, commencing 6/10/23 and expiring 5/6/25. Non-parole period expires 5/11/24. Special circumstances found. Indicative: Seq 3 – 1 year 7 months (Form 1 taken into account); Seq 4 – 10 months.
  • Cameron Charles Leary: Term of imprisonment of 18 months with NPP of 1 year, commencing 18/3/24 and expiring 17/9/25. Non-parole period expires 17/3/25. Special circumstances found. Form 1 taken into account.